P. v. Rutherford
Defendant Kevin Anthony Rutherfords eight year eight month sentence for seven counts of committing a lewd act upon a child (Pen. Code, 288, subd. (c)(1)), eight counts of unlawful sexual intercourse with a minor (Pen. Code, 261.5, subd. (c)), and one count of furnishing marijuana to a minor (Health & Saf. Code, 11361, subd. (b)) was reinstated when he violated the generous terms of probation by testing positive for marijuana use. Court accept defendants argument that the trial court improperly imposed the no-visitation order pursuant to Penal Code section 1202.05 because the victim was over the age of 18 at the time of sentencing, and Court accept the Attorney Generals concession that the trial court improperly imposed a condition of parole that can only be imposed by the Board of Prison Terms. Court reject, however, defendants contention that the imposition of consecutive sentences is unconstitutional because it depends on judicial fact finding.
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